If you are under the age of 13 years, you are not permitted to use this website. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law.
The entire content included in this site, including but not limited to text, graphics or code is protected as a collective work under copyright, patent and trademark laws and is the property of Tomfoolery Holdings Pty Ltd. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Tomfoolery Holdings Pty Ltd. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Tomfoolery Holdings Pty Ltd or to purchase Tomfoolery Holdings Pty Ltd products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Tomfoolery Holdings Pty Ltd. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Tomfoolery Holdings Pty Ltd shall not be held responsible for Content provided by third parties.
Governing Law and Jurisdiction
The Terms are governed by the laws of the State of Victoria, Australia and the parties submit to the exclusive jurisdiction. All purchases are subject to the laws of the Commonwealth of Australia, and where applicable the State of Victoria. By using this site you submit to the jurisdiction of the courts of Victoria and Australia and agree that any legal action will only be commenced in these forums.
Although this Website can be accessed throughout Australia and overseas, Tomfoolery Holdings Pty Ltd does not represent that the content of this Website complies with the laws (including the intellectual property laws) of countries outside Australia. If you access this Website from outside Australia, you do this on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.
Limitation of Liability
Tomfoolery Holdings Pty Ltd shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Tomfoolery Holdings Pty Ltd has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Tomfoolery Holdings Pty Ltd may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Tomfoolery Holdings Pty Ltd.
Products may not be available or as described. We endeavour to ensure that details, descriptions, images and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by law, we do not warrant that the product descriptions, colours or other content available on the Website are accurate, complete, reliable, current, or error-free. Information may be out of date. Although we aim to keep the Website as up to date as possible, the information including product descriptions appearing on this Website at a particular time may not always reflect the product exactly at the moment you place an order.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Tomfoolery Holdings Pty Ltd without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
In an attempt to provide increased value to our visitors, Tomfoolery Holdings Pty Ltd may link to sites operated by third parties. However, even if the third party is affiliated with Tomfoolery Holdings Pty Ltd, Tomfoolery Holdings Pty Ltd has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Tomfoolery Holdings Pty Ltd. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Tomfoolery Holdings Pty Ltd seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
All trademarks, service marks and trade names of Tomfoolery Holdings Pty Ltd used in the Website are trademarks or registered trademarks of Tomfoolery Holdings Pty Ltd.
In the event that a Tomfoolery Holdings Pty Ltd product is mistakenly listed at an incorrect price, Tomfoolery Holdings Pty Ltd reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Tomfoolery Holdings Pty Ltd reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Tomfoolery Holdings Pty Ltd shall issue a credit to your credit card account in the amount of the incorrect price.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Tomfoolery Holdings Pty Ltd or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Tomfoolery Holdings Pty disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Tomfoolery Holdings Pty Ltd does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Tomfoolery Holdings Pty Ltd does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. These Terms do not affect your statutory rights or your legal rights as a consumer.
Other Terms and Conditions
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.